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(영문) 수원지방법원 2016.09.28 2016고정1590
절도등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. Larceny 1) On January 2014, 2014, the Defendant: (a) stored waste clothes installed and managed by the victim C in the Young-gu apartment site B, Young-gu; and (b) stolen them with waste clothes 120 to 160km (kg 300 won per 300 won).

2) On January 2014, the Defendant: (a) cut off the closed clothes with the Defendant’s 120 to 160km (kg 300 won per kg) while keeping the closed clothes installed and managed by the victim at the above B apartment; and (b) cut off.

B. From October 13, 2015, the Defendant attempted to steals the waste clothes placed in front of the waste clothes installed and managed by the victim on October 13, 2015, but was discovered to the apartment security guards D, etc. and attempted to commit such theft.

2) On November 10, 2015, the Defendant attempted to steals the waste clothes in front of the waste clothes custody box installed and managed by the victim on the above apartment on November 10, 2015, but was discovered to the apartment security guards D, etc. and attempted to do so.

3) On February 10, 2016, the Defendant attempted to steals the waste clothes in front of the waste clothes installed and managed by the victim on February 10, 2016, but was discovered to the apartment security guards D, etc. and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement under E in the third police interrogation protocol against the accused;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Each statement of C, F, G, D, and H;

1. A report and an explanatory note of the case of D;

1. On February 10, 2016, the photograph, etc. of damaged articles related to the crime on November 10, 2015, the photograph related to the crime on October 13, 2015, and the application of statutes related to the crime on October 13, 2015.

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) A theft: Article 329 of the Criminal Act;

(b) An attempted charge of larceny: Determination of fines under Articles 342 and 329 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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